On The Principle Of Autonomy Of Law Applicable In The Field Of Private International Law

The principle of autonomy of will is the important principle in the privateinternational law area. With the progress of social development, the principle ofautonomy of will is approved by scholars of all nations in many countries, and willplay an important role in law legislative system construction, worldwide economy andthe assimilation of laws in many countries.To be as the embodiment of the essence of “freedom of contract”, the principle ofautonomy of will was first and most widely applied in the contract areas. Along withthe increasing of international civil and commercial interactions, the principle isgradually extended to other areas such as in tort field, marital family filed andinheritance fields. The principle plays an important role to help solving the contractdisputes and protect the rights of the parties in a quick and effective manner.The thesis mainly by analyzing the producing of autonomy of will principle, itsembodiment of the value, the limitation in the field of contract field and other areas.The thesis also discusses the development and exploration of in China, hoping that theautonomy of will principle can promote China and world trade in the field ofinternational civil and commercial development..The thesis constitutes of four chapters:Chapter1. Overview of autonomy of will principle. In this part, we expound the basictheory and historical development of autonomy of will principle, has carried on theinduction, the concept of autonomy of the basis of analyzing the autonomy of willprinciple. And from the inner value of the principle, and the important role it plays inthe international laws communications, and also compares with other regulations ofthe conflict laws and deeply analyzed the principle of the particularity and theimportance of this principle in the international civil and commercial field.Chapter2. Application of the principle of autonomy of will in the field of contract.Through to the contract in the field of autonomy of will to the choice of content,scope, methods, and methods, as well as the principle of autonomy of will in the field of contract law applicable to the limits of analysis, we hereby discusses the necessityof autonomy of will principle applies in the field of contract.Chapter3. Application of the principle of autonomy of will in in the field of otherconcerning foreign affairs areas. In this part, we based on the principle of autonomyof will in the field of tort, marriage and family, inheritance, different levels ofextended applicable, we hereby analyzes the principles in these areas for thepossibility and necessity, and expounds the principles in the future development trendin the field of private international law.Chapter4. Application of the principle in China and its new development anddisadvantages in China. In this part, this thesis analyses the applying the principle ofautonomy of will in China, and the development, application and the latestdevelopment of this principle in China. And also analyzes its existing deficiencies,putting forward some suggestions, hoping that the principle can be improved inChinese international law and promote the development of diversity of economicintegration.